Chapter 5: The Legal Language about "Properties" Flashcards
Properties (definition)
Hint: material vs. immaterial.
Properties are things which form the subject matter of rights i.e. interests protected or verifiable/quantifiable things. Generally, properties are material, however they may also be intangible (e.g. copyright).
Immovable property (definition)
Immovable property is that which is artificially or by nature incorporated into the ground.
Movable property (definition)
Movable property is anything that isn’t immovable (irrespective of their $). There exists no public register for movables.
Distinction replaceable vs. Irreplaceable properties
The law draws a distinction between replaceable (mass-produced) and irreplaceable things. However, although something is mass-produced it may also be considered irreplaceable if it has attached sentimental value. In the case of destruction, irreplaceable objects imply the impossibility to perform.
Apprutenances (definition)
Appurtenance defines things which are permanently destined to the whole (i.e. the principal maintains its entity even without appurtenances) e.g. a mailbox. The transaction of a principal also implies the inclusion of all appurtenances.
Compound components (definition)
Hint: different from appurtenances
Compound components are essential for the integrity of the whole (e.g. car wheels).
Traditional/religious properties and bodies (special rules)
Traditional or religious objects do not follow the general rules of acquisition/rights to ownership. Similarly, the body; we are owners of our body but cannot sell any parts, only donate
Natural vs. civil fruits
Natural fruits are those which derive directly from the thing. Civil fruits are those which compensate for the use of a thing.